KONGREGATE PROJECT EDEN: EXPERIENCE THE MUSIC CONTEST OFFICIAL RULES
NO PURCHASE, OR PAYMENT, IS NECESSARY TO ENTER OR WIN
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
Contest Dates: The Kongregate Project Eden: Experience the Music (the "Contest") begins at 12:00:01 a.m. Pacific Time ("PT") on May 13, 2011 and ends at 11:59:59 p.m. PT on June 21, 2011 (the "Contest Period").
Contest Eligibility: The Contest is open to all users who are 13 years of age or older, have Internet access, a valid email account, all as of May 13, 2011. Employees of Kongregate (the "Sponsor") and Ubisoft Entertainment (the "Prize Provider") and their respective officers, directors, parent companies, subsidiaries, and affiliated companies, advertising agencies, promotional suppliers, or production agencies, and their respective IRS dependents, immediate family members (parent, child, sibling and spouse of each) and individuals residing in the same household, are not eligible to participate. Void in Maine and where prohibited by law.
To Enter: Beginning at 12:00:01 p.m. PT on May 13, 2011 through 11:59:59 p.m. PT on June 21, 2011, visit www.kongregate.com/experience-the-music and follow the online entry instructions for uploading an original game where music is an integral element to the game play or game experience. All Submissions made during that time period will be automatically entered. You must follow all online instructions for your Submission to be counted. Entrants may not enter the Contest with multiple email addresses or under multiple identities. Any entrant who does so, or uses any device or artifice to circumvent the Official Rules may be disqualified and all of their entries forfeited.
Entries containing prohibited content or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what games are eligible to take part in this Contest.
Judging: Round One: Each eligible Submission will be posted on the Kongregate.com website for viewing and review. Registered users will rate Submissions using a one (1) through five (5) star ranking, with five (5) being the highest. The twenty (20) Submissions that receive the highest average user-ranking results as of 11:59:59 p.m. PT on June 24, 2011 will be selected as the potential prize winners. Submissions must have received a minimum of 75 ratings to be eligible to win a prize. In the event of a tie in Round 1, all games that have a rating greater than or equal to the 20th highest user-ranking will be entered into Round 2.
Round TwoThe twenty (20) potential prize winners will be entered into a second round of the Contest, during which the Submissions will be judged by a panel of qualified judges; Tetsuya Mizuguchi, Ricardo Torres, Ubisoft Entertainment, and Kongregate. The judges will review the Submissions based upon the following criteria: (1) creativity and innovation (33%); (2) enjoyability (33%); and (3) use and integration of music as an integral element to the game play or game experience (33%).
The Submission with the highest score received from the judges during Round Two will be selected as the potential first prize winner. The remaining nineteen (19) will be ranked based on the average scores received from the judges during Round Two. The potential winner with the second highest judges’ score will be the potential second place prize winner. The potential winner with the third highest judges’ score will be the potential third place prize winner.
In the event of a tie in Round 2, the tied Submissions will be ranked based on the average user- ranking from Round 1. In the event of a further tie, Submissions will be ranked based on their average user-rating as of 11:59:59 p.m. PT on June 28, 2011. Decision of judges will be final in all matters related to this Contest.
The potential prize winners will be chosen and will be notified on or about June 29, 2011. The potential prize winners will be required to execute an Affidavit of Eligibility and Liability/ Publicity Release and an affidavit that their entry is unique within seven (7) days of attempted notice or forfeit prize.
Prizes: One (1) First Place Prize: USD $10,000. One (1) Second Place Prize: USD $3,000. One (1) Third Place Prize: USD $2,000. Total of all prizes $15,000.
Rights and Licenses: By submitting a Submission, all entrants provide to Kongregate and Prize Provider a non-exclusive worldwide, royalty free, sub-licensable license to use, display, distribute, perform and copy the Submission, and to make any technical modifications necessary for these uses.
General Conditions: The Released Parties and their respective agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online, regardless of cause. All Internet access and use charges are the responsibility of the entrant. Once submitted, Submissions will not be acknowledged or returned. Any use of robotic, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. Entry material/data that has been tampered with or altered is void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES PORTION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify this Contest in whole or in part for any reason, including without limitation, if the Contest cannot be conducted as originally planned. In case of dispute as to identity of a winner who entered online, entry will be declared made by the registered user of the e-mail account, and, if a prize is won and such registered user is a valid entrant, the prize will be awarded to the registered user. Sponsor is not responsible for posting, printing, distribution, or production errors and may rescind, cancel or revoke the Contest or drawing based upon any such error without liability at its sole discretion. Sponsor will not be responsible to award prizes in excess of the number (or value amounts) of prizes listed in these Official Rules. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. No prize transfers, substitutions or cash equivalents except at the sole discretion of the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.
Neither the Released Parties nor their respective agencies or affiliates are responsible for lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, illegible entries or postage due mail. By participating in this Contest, entrants accept and agree to these Official Rules and the final judging criteria and results that will determine the winners. By participating, each winner agrees to allow use of his or her name, likeness, submitted game, and/or photograph for inclusion in the list of winners, if applicable, and advertising this or similar contests (including posting of first name and last initial on the web) without compensation, approval, notice, or review unless prohibited by law.
Unless prohibited by law, winners are required to complete, sign and return an Affidavit of Eligibility, a Liability Release and Publicity Release within 7 days of notification, as well as a formal written assignment or the intellectual property licenses described herein. If documents are not returned within the 7 day time period, or if prize is returned as non-deliverable, or if winners are found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited or in Sponsor’s sole discretion, may be awarded to an alternate winner selected by Sponsor. All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply.
By entering this Contest, you (and if a minor, your parent or legal guardian) represents, warrants, and agrees that your Entry: (i) is original and was created solely by you, (ii) does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any trademarks or slogans or any copyrighted material owned by anyone other than you), (iii) does not otherwise infringe upon or violate the rights of any third party or violate any federal, state or local laws or ordinances; (iv) does not contain the likeness of any individual except yourself; (v) does not contain any sexually explicit or suggestive, unnecessarily violent, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, immoral, offensive, indecent, hateful, derogatory or profane content; (vi) does not promote alcohol, illegal drugs, tobacco firearms/weapons (or the use of any of the foregoing) or promote any illegal activities or activities that may appear unsafe or dangerous and (vii) is not otherwise in violation of these Official Rules.
Participants, by participating in this Contest, hereby waive, release, discharge, indemnify and hold harmless the Sponsor, Prize Provider and their respective parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents (the "Released Parties"), from and against, any and all liability, rights, loss, injury, damage, claims and causes of action whatsoever to entrant or any other person or entity or which may arise, including without limitation, infringement or violation or third party rights, injury or death to entrant or any other person or damage to personal or real property, loss, damage, whether direct, compensatory, incidental or consequential, arising in whole or in part, directly or indirectly, by reason of (a) the acceptance, possession, use or misuse of any prize; (b) participation in this Contest; (c) any element of this Content; (d) the use of any Entry as permitted in these Official Rules; (e) the exploitation of any of the rights granted herein or (f) any prize-related or Contest-related activity. Each entrant agrees that (1) any and all disputes, claims and causes of action arising in connection with this Contest and contest, or any prizes awarded, shall be resolved individually and without any resort to any form of class action, and any judicial proceedings shall take place in the state or federal courts within the state of California, U.S.; (2) any and all claims, judgments, or awards shall be limited to actual out-of pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees; and (3) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to, any punitive, incidental and consequential damages, and any other damages other than the actual out-of-pocket costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules of the rights of the entrant in connection with this Contest, shall be governed by, and construed in accordance with laws of the State of California, U.S. without giving effect to its principles of conflicts of laws.
Winners List: For a copy of the winners list, available after June 30, 2011, send a self- addressed, stamped envelope to Project Eden: Experience the Music Game Contest Winners' List, c/o Kongregate, Inc. 2 Shaw Alley, 4th Floor, San Francisco, CA 94105.
Sponsor: Kongregate, Inc. 2 Shaw Alley, 4th Floor, San Francisco, CA 94105.